Hueso v. Barnhart
Petition for certiorari denied on November 23, 2020
Issue: Whether, notwithstanding
the savings clause of 28 U.S.C. § 2255(e) – which allows a prisoner whose claim for postconviction relief is
otherwise barred to petition for a writ of habeas corpus
if the Section 2255 remedy is “inadequate or ineffective” to test
the legality of his detention – an individual serving a
wrongfully enhanced sentence is barred from obtaining
relief, solely because the wrongfulness of the sentence
was established retroactively by a court of appeals
decision.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jun 08 2020 | Petition for a writ of certiorari filed. (Response due July 13, 2020) |
| Jul 07 2020 | Motion to extend the time to file a response from July 13, 2020 to August 12, 2020, submitted to The Clerk. |
| Jul 09 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2020. |
| Jul 29 2020 | Motion to extend the time to file a response from August 12, 2020 to September 11, 2020, submitted to The Clerk. |
| Jul 30 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including September 11, 2020. |
| Sep 11 2020 | Brief of respondent J. A. Barnhart, Warden in opposition filed. |
| Sep 17 2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from September 30, 2020 to October 28, 2020, submitted to The Clerk. |
| Sep 22 2020 | Motion to delay distribution of the petition for a writ certiorari until October 28, 2020 granted. |
| Oct 28 2020 | DISTRIBUTED for Conference of 11/13/2020. |
| Oct 28 2020 | Reply of petitioner Ramon Hueso filed. (Distributed) |
| Nov 12 2020 | Rescheduled. |
| Nov 16 2020 | DISTRIBUTED for Conference of 11/20/2020. |
| Nov 23 2020 | Petition DENIED. |
